Affiliation:
1. 1 Department of Sharīʿah and Economics, Academy of Islamic Studies, University of Malaya Kuala Lumpur Malaysia farukabdullah77@gmail.com
2. 2 Department of Sharīʿah and Economics, Academy of Islamic Studies, University of Malaya Kuala Lumpur Malaysia
Abstract
This article aims to clarify the concept of promise (waʿd) and questions whether a promise, albeit personal or transactional, is by nature binding on the promisor under Sharīʿah law. The term waʿd is also discussed in relation to other concepts involving promise: i.e., ʿaqd (contract), ʿahd (covenant or binding agreement), nudhur (vows), and juʿālah (payment for performing a service). A number of studies have concluded that waʿd is not obligatory on the promisor, unless the promisee incurs a loss due to a breach or deceptive promise. However, after reviewing the opinions of a number of classical Islamic scholars, this study concludes that under Sharīʿah law all promises are generally binding on the promisor, except in light of valid excuses or mitigating circumstances.
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1 articles.
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